Neuse advocacy groups to sue Jones hog farmers

Published: Tuesday, May 7, 2013 at 07:44 PM.

Several Neuse River advocacy groups have filed a notice of intent to sue Jones County hog operators for violations of the North Carolina Clean Water Act.

The notice sent by lawyers for Southern Environmental Law Center, Debevoise and Plimpton LLP, and Waterkeeper Alliance alleges that swine waste from JC Howard Hill and Taylor swine concentrated animal feeding operation in Jones County has been mismanaged and unlawfully discharged into wetlands, ditches, streams, rivers and groundwater without a permit.

Neuse Riverkeeper Foundation, Lower Neuse Riverkeeper, North Carolina Environmental Justice Network and Waterkeeper Alliance are all parties to the accusations in the notice of intent to sue.

“This facility is endangering the health of North Carolinians and the environment,” said Neuse Riverkeeper Foundation board president Jim Starr. “Swine waste is continuing to be illegally dumped into the Trent and Neuse River Watershed.”

The notice alleges that the Hill and Taylor Facility dumped large amounts of swine waste on fields in excess of any legitimate fertilization purpose as well as on bare ground.

“Improper waste disposal practices and discharges contribute to diminished water quality for our community,” said Lower Neuse Riverkeeper Mitchell Blake. “In addition, degraded water quality has the potential to adversely affect recreation and commercial fishing as well as the wildlife throughout the basin of the Neuse River.”

The groups took similar action in 2010 against the 7,000 hog operation but a suit was not filed.

Several Neuse River advocacy groups have filed a notice of intent to sue Jones County hog operators for violations of the North Carolina Clean Water Act.

The notice sent by lawyers for Southern Environmental Law Center, Debevoise and Plimpton LLP, and Waterkeeper Alliance alleges that swine waste from JC Howard Hill and Taylor swine concentrated animal feeding operation in Jones County has been mismanaged and unlawfully discharged into wetlands, ditches, streams, rivers and groundwater without a permit.

Neuse Riverkeeper Foundation, Lower Neuse Riverkeeper, North Carolina Environmental Justice Network and Waterkeeper Alliance are all parties to the accusations in the notice of intent to sue.

“This facility is endangering the health of North Carolinians and the environment,” said Neuse Riverkeeper Foundation board president Jim Starr. “Swine waste is continuing to be illegally dumped into the Trent and Neuse River Watershed.”

The notice alleges that the Hill and Taylor Facility dumped large amounts of swine waste on fields in excess of any legitimate fertilization purpose as well as on bare ground.

“Improper waste disposal practices and discharges contribute to diminished water quality for our community,” said Lower Neuse Riverkeeper Mitchell Blake. “In addition, degraded water quality has the potential to adversely affect recreation and commercial fishing as well as the wildlife throughout the basin of the Neuse River.”

The groups took similar action in 2010 against the 7,000 hog operation but a suit was not filed.

Blake said, “Operators went in and fixed some of the issues then. Now the water samples are showing that problems exist again, which is what prompted this action.”

Gary Grant is the director of the North Carolina Environmental Justice Network, an agency concerned about environmental and human health effects of industrial and animal operations.

“The clear violation of the law and disregard for the local community needs to be addressed,” Grant said. “The lack of any agency action has convinced us that a citizen suit is the only way we can stop this behavior.”

Animal waste contains large amounts of nitrogen and phosphorus, as well as viral, bacterial and parasitic pathogens, which can endanger human health and the environment when improperly managed and disposed of on lands in the Neuse River Basin, advocacy leaders said.

The groups allege in the notice that nitrogen, phosphorus and bacteria have been discharged from the JC Howard Hill and Taylor Facility to Joshua Branch, Poplar Branch and Tuckahoe Creek, which are tributaries to the Trent River.

“Discharges of animal waste to surface water and groundwater contaminate drinking water, pollute important recreational waters and impair fisheries,” said Marc Yaggi, director of Waterkeeper Alliance. “Illegal discharges of swine waste are destroying waterways and jeopardizing public health in North Carolina.”

“The health and well-being of North Carolina communities, its seafood, small farms, and tourism depend on clean water and compliance with laws that limit pollution from industrial hog operations,” said Geoff Gisler, attorney at the Southern Environmental Law Center.